This morning, the director of Baltimore’s Office of Emergency Management was at McKeldin Square, looking into the Occupy Baltimore tents, prompting a participant to ask city police to charge him with breaking and entering, according to the group, as well as a police spokesman.

But after consulting with the city State’s Attorney’s office, it was concluded that “a tent is not a dwelling under the Uniform Crime Reporting code” and so no breaking and entering charges technically could be filed, said Det. Donny Moses, a spokesman for Baltimore City Police Department.

Robert Maloney, the city Emergency Management director who visited the Square on Oct. 31 and told Occupiers the encampment violated city code, reiterated that message today, according to Ian Logsdon, a member of the Occupy Baltimore media committee.

“He was on site poking around, saying the tents have to go (same person who said the same thing 2 weeks ago) he opened several people’s tents, and called the police,” Logsdon said. “I have been told this was because there was a minor on site, even though they were not someone sleeping at McKeldin, just someone who was present there. He then left before the police arrived.”

Moses confirmed that Maloney told them he had been concerned about a minor the site, but nothing came of it. He said the officer took the Occupier’s statement “for informational purposes” and left.

Asked to confirm the story, Maloney said the following, by email:

“My office has been reminding individuals at Mckeldin that the City is committed to protecting individuals’ right to protest but that permanent camping in our public parks is prohibited.   My office has also been coordinating with other city agencies to address safety concerns and to provide outreach services to individuals experiencing homelessness.”

One’s right to privacy in an Occupy tent, meanwhile, appears to be murky.